[CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

[Brad Weiss]

I was forced pay over $1900 for a lien enforcement action in Lee County.  We tried to submit it under “contract and indebtedness” but it was rejected.  The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong.

Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL
Florida Bar Board Certified Construction Lawyer
5561 University Drive, Suite 102
Coral Springs FL 33067
Phone 954.323.1023| Direct 954.947.1742
brad at bmwlawyers.net<http://@bmwlawyers.net> | www.bmwlawyers.net<http://www.bmwlawyers.net/>

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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 3:22 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim.  Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc.  Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures?  The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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